Home > Reading Room > Information Technology

Information Technology

« Return to Reading Room

Legal freebies

Written by Michael Coyle on 26 July 2014

Lawdit has been in existence for some 12 years now. Hard to believe! Anyway we have uploaded some 28 docs from employment contracts to purchase agreements and business terms.
Read More »

Hotelhippo

Written by Michael Coyle on 05 July 2014

The Information Commissioner ('IC') is investigating a hotel booking website, HotelHippo.com owned by HotelStayUK which is alleged to have leaked large amounts of customer information.
Read More »

You Tube faces an attack from independent labels

Written by Michael Coyle on 28 June 2014

IMPALA attacks You Tube. IMPALA is the world famous independent music label known as the "independents”, and represent Guadalupe Plata, the xx, Armin van Buuren, Caro Emerald, Adele, M83, Mogwai, Vitalic, Soap & Skin, Royksopp and Andrea Bocelli. It has decided to file a complaint under EC law for amongst other things breach of competition law. In short You Tube has got to big for its boots.
Read More »

The youth want content for free

Written by Michael Coyle on 28 June 2014

A YouGov poll this week illustrates how 'free' under-16s believe the Internet should be. Tne problem is a lack of faith in copyright law.
Read More »

'Forget me' on the increase.

Written by Michael Coyle on 21 June 2014

Forget me requests are on the increase Some might say its a staggering restriction on the freedom of the Internet, others argue its a check that prevents Google et al from getting too big for its boots. One thing for sure is the number of requests for Google to forget is rising rapidly.
Read More »

Piracy to hit a trillion by 2015

Written by Michael Coyle on 15 June 2014

New legislation required to prevent piracy? According to the Commissioner of the City of London Police Adrian Leppard, new legislation is required to prevent continued online piracy. By 2015 it is estimated that losses to counterfeiting and pirated goods will amount to a trillion. That's quite a few Games of Thrones!
Read More »

Data Protection and SRA

Written by Michael Coyle on 13 June 2014

Data Protection: How Do I Make A Complaint Under The Act 1998? If you have any concerns or feel that a breach of the Data Protection Act 1998 has taken place, then you need to contact the Data Controller. The Data Controller is the person responsible at the organisation for the control of the data.
Read More »

When technology and commerce clash. Cabbie v Hailo v Uber

Written by Michael Coyle on 24 May 2014

It has led to a mass protest, fights, allegations of scabbing and lots of gnashing of teeth. But on 11 June 2014 the capital's cabbies will be on a go slow (how will we know the difference) as they protest at what they see as unfair practice of the app firm's Hailo. Whilst the app was co-founded by three London cabbies, it had been exclusively for black cabs and allows people to hail a cab through their smartphone. But the three have no offered it to private hire licence also. "There is no point burying our heads in the sand - people want a choice," he said. The black cabs are not happy ( how will we know the difference)
Read More »

Website Code and Escrow

Written by Michael Coyle on 20 May 2014

What is code? The user may in certain circumstances require access to the inner workings of the software. These are the lines of code in which the software is written, which constitute the instructions that the software gives to the system in order to produce the desired result. These instructions exist in two versions. In the form in which they run on a computer, the instructions are written in object code: a form in which they can be understood by a machine, but not by a human. If the object code has to be changed, the user will need access to the source code from which the object code was derived.
Read More »

Do I need a contract for my website?

Written by Izaz Ali on 20 May 2014

Website & Software Contracts The following is a general guide as to what should be discussed between the purchaser and developer when contemplating entering into a website or software one of the above contracts. Website and software development contracts are often seen as complex and time consuming to negotiate and put together as the interests of the purchaser and the developer differ significantly.
Read More »

Data Protection and Subject Access

Written by Michael Coyle on 29 April 2014

Data Protection: How Do I Make A Complaint Under The Act 1998? If you have any concerns or feel that a breach of the Data Protection Act 1998 has taken place, then you need to contact the Data Controller. The Data Controller is the person responsible at the organisation for the control of the data. Do not contact the Information Commissioner direct at this point. It will be a waste of time.
Read More »

Software Code and Escrow

Written by Michael Coyle on 29 April 2014

Your website is so important these days but is your business secure- who retains the code? What is code? you may in certain circumstances require access to the inner workings of the software that runs your website and the CMS behind the website. These are the lines of code in which the software is written, which constitute the instructions that the software gives to the system in order to produce the desired result. These instructions exist in two versions. In the form in which they run on a computer, the instructions are written in object code: a form in which they can be understood by a machine, but not by a human. If the object code has to be changed, the user will need access to the source code from which the object code was derived.
Read More »

Escrow

Written by Izaz Ali on 25 April 2014

The importance of Escrow Agreements Before we discuss what an Escrow agreement is it is important that we understand what the term 'Escrow' means. 'Escrow' is a legal term which means 'money, goods or a written document, held by a trusted third party, pending the fulfilment of some condition'. Whilst we all have a software licence agreement for the software we use we need some form of software insurance in case things go wrong or certain events take place.
Read More »

WIPO and domain names

Written by Michael Coyle on 25 April 2014

Reasons for domain name disputes vary considerably. The main reason is cyber squatting. Another regular occurrence of domain name disputes arises where IT providers register a client’s domain name in order to fulfil their required services. Where there is a breakdown of relations the IT provider is often left as the registered owner of their client’s domain name. So how do you file a complaint against a domain name holder with the WIPO Arbitration and Mediation Centre......read on...
Read More »

NYPD twitter account plan backfires

Written by Michael Coyle on 24 April 2014

The BBC reported today that a plan by the New York Police Department to use Twitter to boost its image has backfired. The BBC reported that "Users were asked to tweet a photo of themselves with officers and add the hashtag #myNYPD as part of a social media campaign".
Read More »

Atvod and Porn

Written by Michael Coyle on 29 March 2014

The UK industry regulator for television on demand ATVOD has called for age checks on all sites that show pornography. They are concerned that children must be protected. A study was carried out by Nielsen and the results were staggering......................
Read More »

Not so much Turkish delight Twitter banned

Written by Michael Coyle on 28 March 2014

Move to Turkey and avoid Twitter and You Tube For those twitterer haters-if you leave these shores and wish to avoid twittering or tubing as you watch two kittens in mittens falling in and out of a cup of coffee then move to Turkey. Apparently the Turkish authorities believe that banning social media will have a positive affect on their countries progress. Silly.
Read More »

Kent Police fined by ICO

Written by Aasim Durrani on 27 March 2014

Kent Police have been fined £100,000 by the Information Commissioner's Office for breaching data protection laws
Read More »

Porn news

Written by Michael Coyle on 28 February 2014

Two clients recently told me that they only ever read Lawdit's articles if Porn is in the title. Whilst I am sure they were joking here are two porn snippets from this week's news.
Read More »

Be advised Trip Advisor coming to a B&B near you!

Written by Michael Coyle on 08 February 2014

An Inverness couple lost their claim for Trip Advisor to disclose the identity of the authors who had posted damaging and defamatory online comments about the B&B they recently stayed. The Court threw out their claim mainly on Jurisdictional grounds ie Trip Advisor were based in US! So can you say what you want without any recourse ? Well read on....
Read More »

Prince Sues Facebook

Written by Michael Coyle on 07 February 2014

Will the Prince of pop win against the King of Social Media? Prince issues cease and desist letters to 'fans' who have stolen his works via social media
Read More »

IP Rights Notice

Written by Saowanee Kristin, a post- graduate student on work experience at Lawdit on 06 December 2013

An intellectual property rights notice advises third parties of the owner’s rights collectively attached to a work. Here are some of the benefits that an IP rights notice can provide.
Read More »

Google in Trouble....Again

Written by Rehana Ali on 02 December 2013

Google has recently been found guilty of breaching Dutch data protection legislation following a seven month investigation by the Dutch Data Protection Authority (DPA).
Read More »

Apple must pay back taxes

Written by Michael Coyle on 15 November 2013

Apple's unpaid taxes Apple was ordered this month to pay 12 million Euros in unpaid taxes. The order was a consequence of an ongoing legal dispute between Apple and the Society of Authors, Composers and Music Publishes ('SACEM') who have requested payment on iPad sales. This article was written by Rachel Pellatt. Rachel is a law student at Solent University and spends one day a week at Lawdit Solicitors.
Read More »

At last I can find who owns that domain

Written by Michael Coyle on 09 November 2013

Well the title is slightly misleading as we don't own the domains we use but merely have an interest in them for the life of the domain. But often than not its quite hard to find out the identity of the domain owner. Well ICANN has devised a new site to make this task easier.
Read More »

21 websites shut down;good news or whac a mole?

Written by Michael Coyle on 06 November 2013

Whac a mole! Copyright, file sharing and ISPs. Last week the High Court ordered 21 websites to be blocked by all the ISPs in the UK. These sites are torrent sites and offer people the opportunity to download material amongst other things. These sites will have hundreds of movies, songs, software and people who know what they are doing can download them for free....well not anymore....!
Read More »

What legislation is relevant to my website?

Written by Michael Coyle on 27 October 2013

On and off line legislation and the legal issues surrounding a website. Way back in 1999 I saw a cartoon in the New Yorker magazine http://en.wikipedia.org/wiki/On_the_Internet,_nobody_knows_you're_a_dog and thought it was a novel way to sum up online commerce. Of course we had no idea at the time as to how the world would look but its fair to say its here to stay and some 15 years later the dog is more relevant than ever.
Read More »

Should Google walk the plank?

Written by Saowanee Kristin, a work experience student currently at Lawdit on 27 September 2013

Search engine giant Google has been greatly criticised this week by MPs for their failure to apprehend and remove piracy websites.
Read More »

PM appoints intellectual property advisor

Written by Saowanee Kristin, a post- graduate student on work experience at Lawdit on 20 September 2013

The Prime Minister has appointed a personal advisor to provide him with counsel on intellectual property matters.
Read More »

Is your data safe? Are damages available?

Written by Saowanee Kristin, a work experience student currently at Lawdit on 18 September 2013

The High Court this week provided some hope for those persons who believe their data rights have been abused but see little point in suing. This is mainly because of the lack of damages, well Halliday v Creation Consumer Finance may open the door.
Read More »

Watch out IP plod about!

Written by Michael Coyle on 14 September 2013

From Friday, a specialist IP squad has been appointed with a 2 million pound budget and they are seeking to clamp down on online IP crime. The squad is being funded by the Department for Business Innovation and Skills who have estimated that IP crime costs industry £51 billion each year. The UK government have allocated £2 million per year with a promise to triple it to £6 million.
Read More »

Crack Down on Torrent Sites

Written by Rehana Ali on 05 September 2013

Following numerous High Court Orders, UK ISPs have been ordered to block access to many of the Worlds largest Torrent sites.
Read More »

BA tweeted by angry consumer

Written by Michael Coyle on 04 September 2013

The power of Twitter. Some chap fed up with how BA was handling his complaint over BA's lack of customer care used Twitter in a way which beggars belief as to why its not been done before. Expect more though.
Read More »

Google attempts to avoid U.K Privacy Law

Written by Rehana Ali on 30 August 2013

The internet giant is currently trying to avoid a substantial fine for breaching the privacy rights of iPhone users in the U.K, following already having paid a record fine in the U.S of $22.5 million.
Read More »

Liquidator

Written by Michael Coyle on 28 August 2013

London Borough of Southwark v IBM UK Limited [2011] EWHC 549. The High Court were recently asked whether or not a liquidator was also a Data Controller for the purposes of the Data Protection Act 1998 ( DPA).
Read More »

Cyber Squatting

Written by Oliver Coates a work experience student at Lawdit Solicitors on 23 August 2013

The article gives a brief overview on cyber squatting.
Read More »

Denial of attack. Sentence upheld

Written by Michael Coyle on 22 August 2013

The Crown v Martin Mr Martin was sentenced to two years in prison for a denial of service attack. He appealed. His appeal was rejected.
Read More »

Bohemia in legal trouble over breach of terms and conditions

Written by Michael Coyle on 02 August 2013

Copyright complaints lead to Tumblr shutting down popular bloggers account A recent decision by Tumblr to shut down the account of a popular fashion blogger- Bohemea should serve as a warning for those that operate blogs on the blogging platform Tumblr.
Read More »

Escrow and fraud

Written by Michael Coyle on 28 July 2013

Escrow and Fraud I have been offering escrow services since 2001. It’s been 12 years or and I am repeatedly asked about my escrow services. In addition I have developed a nose for those individuals who are keen to have a professional firm involved in escrow matters and those crooks, fools, charlatans and scammers who think you will fall for the same old escrow clap trap. I am sure most of these people are simply fall guys for the real criminals but as soon as you seek to properly ID these people then they soon drift away. So how do you know?
Read More »

Cloud computing, and intellectual property

Written by Michael Coyle on 28 July 2013

Intellectual indemnities and cloud computing. It is fairly common ( nay essential) for all IT contracts to include an IPR indemnity for the customer's benefit in the event that a third party makes a claim that the use of the licensed software infringes the third party's IPR. Is it the same for cloud-computing contracts?
Read More »

Copyright in software

Written by Michael Coyle on 14 July 2013

Copyright is an unregistered right which is an automatic right. It protects a literary or artistic work ( two name just two) in accordance with the Copyright Designs and Patents Act 1988 but where does software fit in, especially in the world of IT and IP? We will look at patent and copyright protection in particular.
Read More »

Toothless tiger ? ICO issues heavy fine

Written by Michael Coyle on 06 July 2013

The Information Commissioner's Office (ICO) has imposed monetary penalties totalling £440,000 on the owners of a marketing company. Yippeee! Accusations have been made in the past from this firm amongst others that the Information Commissioner is a toothless tiger. This is the first time that the ICO has used its power to issue a monetary penalty for a serious breach of the Privacy and Electronic Communications Regulations 2003 (SI 2426/2003).
Read More »

The legal issues arising from the use of apps- is the law catching up?

Written by Michael Coyle on 25 June 2013

"OMG my 6 year old has just ordered three new ipads, spent 3000 tokens for cash on Tiny Monsters and now he's watching porn- all on my iphone." Oh dear how the ordinary man struggles to keep up with modern IT. I have set out below some thoughts for making the app legally safer and ensuring that both parties can maintain some transparency in the transaction.
Read More »

Premier League get tough with copyright and streaming

Written by Michael Coyle on 22 June 2013

Infringement of copyright - be careful what you stream? The UK's premier league are seeking an injunction to prevent Swedish website FirstRow1.eu from streaming. However are they simply wasting their time? These chaps are always one step ahead.
Read More »

Facebook to take action on hate speech

Written by Rehana Ali on 31 May 2013

Following continued pressure from anti-hate campaign groups the online social networking giant has vowed to review its policy on how it deals with controversial, hateful and harmful content.
Read More »

Ownership of Copyright and Software

Written by Michael Coyle on 25 May 2013

Its an all too familiar problem. I created the software, I am the author of the code. I then allow the business to use the software but after a period of time I fall out with the business and now I want it back. But to whom does the literary work ie the code, belong to, me or the business? This question amongst others was considered by Mrs Justice Asplin in Martin Coward and a bunch of defendants. http://www.bailii.org/ew/cases/EWHC/Ch/2013/1292.html
Read More »

Tweets and Defamation

Written by Michael Coyle on 24 May 2013

Dont be stupid; think before you Tweet or you can end up like Sally Bercow-facing a hefty legal bill. The case highlighted once again how careful you need to be. Its not the end of humour as we know it or irony or even the case of the law being an ass. Its the case of a person tweeting something she shouldn't have and someone who should have known much better. Finally McAlpine did not really want to go to court and offered a settlement which she has now accepted. Its a good lesson for all. Always try and compromise; always try and settle. Only one winner you know;the lawyers!
Read More »

Why we love escrow

04 April 2013

Using an escrow service can save so many headaches and heartaches. We have seen too many crooks and rascals and where both parties appear reasonable escrow serves as a useful buffer where suspicious and mistrust from both parties can be put to bed. So use our escrow service for software, sales of high end assets, or anything else you need to protect. Contact either Michael or Izaz via the contact form.
Read More »

O2's New App

Written by Rehana Ali on 05 March 2013

O2 have released a revolutionary new App in an attempt to compete with big names in the VOIP market such as Skype.
Read More »

How cool is escrow

Written by Michael Coyle on 09 November 2012

A Suitable Case for Escrow? A High Court Case highlights the urgent need for third party escrow agents. Psychometric Services Ltd (“The Claimant”) v Merant International Ltd (“The Defendant”) [2002] F.S.R. 8
Read More »

Surfchannel Man Sentenced to 4 Years

Written by Michael Coyle on 15 August 2012

He seems to be the first UK man to be sentenced to a custodial sentence as the UK gets tough with sites that breach the intellectual property rights of films and TV shows and offer links to pirated material.
Read More »

Defamation Bill Targets Trolls

Written by Aasim Durrani on 12 June 2012

Parliament will today be debating a defamation bill which seeks to reform existing libel laws and will put ISPs under a duty to help identify internet trolls. The move is aimed at preventing unnecessary suffering by victims and avoiding legal costs associated with commencing action. In putting forward the proposals, the Government is aiming to strike a balance between allowing victims to take action and preventing content hosts facing questionable threats of litigation.
Read More »

Facebook leaves employee jobless

Written by Aneela Akbar on 08 May 2012

In the recent decision of Teggart v TeleTech Uk Ltd, a tribunal provided us with further guidance on the use of social media websites in connection to work. The tribunal ruled that TeleTech Uk Ltd dismissed Mr Teggart fairly subsequent to him making unpleasant comments about an employee on facebook.
Read More »

Internet regulation

Written by Tim Mount on 19 July 2010

Internet - the wild wild world wide web, or can it be tamed? Raoul Moat, Jonathon Ross and TalkSPORT's Jon Gaunt.
Read More »

Turkey and YouTube ban

Written by Tim Mount on 04 July 2010

Internet rights organisation mounts legal challenge on Turkish court gag over YouTube and proxy access.
Read More »

Website terms and conditions. A lesson to be learnt

Written by Michael Coyle on 02 August 2009

This article provides a detailed analysis of the recent appeal decision in Patchett and Patchett -v-Swimming Pool and Allied Trades Associates - this case reminds us why well drafted website terms and conditions are a must for all businesses.
Read More »

How to Optimise your Website

Written by Ben Evans on 02 August 2007

With websites and the internet in general now such an integral part of the way we live our lives and the way we conduct business, it is essential that every business has some kind of presence on the net.
Read More »

Do you know about online shopping laws?

Written by Ben Evans on 27 June 2007

A survey published by the Office of Fair Trading (OFT) found that 28% of UK-based online traders are not aware or are only slightly aware of the laws which apply to internet shopping.
Read More »

The Bank of Scotland loses information of customers again

Written by Sebina Auckburally on 12 June 2007

In the past companies such as banks have struggled with encrypting personal information, or have failed to protect personal information being released to stop others so as to stop the information from being use in a fraudulent way.
Read More »

Nokia intends to develop mobile TV and Web

Written by Muhammad Yasin on 25 April 2007

Nokia is planning to make handsets, bearing functions of TV and Web searching, in co-ordination with Samsung to develop interoperable products based on the DVB-H (Digital Video Broadcast- Handheld) standard for mobile TV.
Read More »

Stanford Loses Criminal Appeal

Written by Daniel Doherty on 03 February 2006

Cliff Stanford, the Internet pioneer has recently had his appeal to quash his criminal conviction for intercepting emails denied. Stanford pleaded guilty last year to intercepting emails from his former company Redbus Interhouse – he argued in his appeal that the trial judge had misunderstood the law.
Read More »

Want to speak
to someone?

Complete the form below and we’ll call you back free of charge.